Failure to Assist Not Actionable

 For a workplace injury claim to bypass the exclusive New Jersey Workers' Compensation Act, the employer's conduct must be an "intentional wrong" – meaning they knew injury or death was virtually certain, and the injury is beyond the scope of typical industrial employment. Simply entrusting an injured employee to a friend for transport to medical care generally doesn't meet this high bar.

Stripping the US Safety Net

The recently passed Republican budget bill in the U.S. House of Representatives, dubbed the "One Big Beautiful Bill Act," is poised to significantly impact Medicare and Medicaid beneficiaries, particularly those with disabilities and injured workers, by dramatically shrinking the U.S. social safety net.

NJ Workers' Compensation Cost Trends

The New Jersey Compensation Rating and Inspection Bureau (NJ CRIB) has released its 2024 annual report, offering a crucial look into the trends shaping the state's workers' compensation landscape. Understanding these trends is paramount for businesses operating in New Jersey, as it helps manage costs and ensure compliance. This analysis delves into the report's key findings, focusing on the cost of medical treatment relative to indemnity payments and overall claim trends.

Workers' Compensation Insurance: Intentional Wrong?

Employers' liability insurance policies generally exclude coverage for "intentional wrongs" committed against employees, even if those employees also pursue workers' compensation claims.

Joint Special Employer: Dual Liability

The complex issue of employment status, specifically whether an individual can be considered a "joint special employer" in the context of workers' compensation was the subject of a recent court ruling. The New Jersey Superior Court, Appellate Division, examined the case of Joseph Vola, a police officer injured while on an extra traffic duty assignment for Asplundh Tree Experts, arranged through the City of Northfield.

Lingering Shadow: COVID Long-Term Disability Risks for Workers

The ongoing impact of the COVID-19 pandemic extends far beyond the acute infection phase. A recent study published in PLoS One sheds light on the significant and persistent decline in health-related quality of life (HRQoL) among survivors with post-COVID conditions in the United States. This research has crucial implications, particularly when considering the potential for long-term disability among workers who contracted the virus.

ACL: Seeking Legal Shelter

Asbestos Corporation Limited (ACL), a Canadian mining company facing numerous lawsuits related to mesothelioma and asbestos-related diseases in the United States, has taken steps regarding financial restructuring.